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STATE v. NEILL

17 A.D.3d 802 (2005)

795 N.Y.S.2d 355

STATE OF NEW YORK, Respondent, v. ROGER W. NEILL, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 14, 2005.

Crew III, J.

On April 12, 1995, defendant was notified of the presence of oil fumes emanating from a building he owned in the Village of Saranac Lake, Franklin County. Upon investigation, defendant discovered that approximately 100 gallons of fuel oil had pooled in the basement along a wall adjacent to a 1,000 gallon underground storage tank. Defendant retained a plumbing and heating contractor to clean the basement, and...

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